This article provides general legal information about California personal injury law. It does not provide legal advice. Consult a licensed California attorney for advice specific to your situation.
Insurance adjusters use specific tactics to minimize personal injury claims: recorded statement requests, fast settlement offers, low-impact denial, and comparative fault arguments. This guide explains common adjuster strategies and your legal rights in response.
California personal injury law is built on five foundational principles. First, negligence: every person owes a duty of reasonable care to others, and breach of that duty causing injury creates civil liability. Second, pure comparative fault (Li v. Yellow Cab Co., 1975): victims can recover regardless of their own fault percentage, with recovery reduced proportionally. Third, the two-year statute of limitations (CCP Section 335.1): most personal injury claims must be filed within two years of injury. Fourth, uncapped damages: California imposes no cap on economic or non-economic damages in vehicle accident, premises liability, or product liability cases. Fifth, the Government Claims Act: claims against government entities require a six-month administrative claim before any lawsuit.
The specific legal theory governing a personal injury claim depends on the type of injury. Vehicle accidents proceed under negligence, with Vehicle Code violations establishing negligence per se. Premises liability proceeds under Rowland v. Christian (1968), which requires property owners to exercise reasonable care toward all visitors. Product liability proceeds under Greenman v. Yuba Power Products (1963) strict liability — no proof of negligence required, only proof of defect and causation. Medical malpractice is governed by MICRA, which caps non-economic damages and imposes a shorter statute of limitations. Workplace injuries involve workers' compensation exclusivity under Labor Code Section 3602, with third-party civil claims preserved under Section 3852.
California's pure comparative fault system is the most plaintiff-favorable in the country. Thirty-three states bar recovery when the plaintiff reaches 50% or 51% fault; California never eliminates recovery regardless of the plaintiff's own fault. This system, combined with uncapped damages and broadly available punitive damages under Civil Code Section 3294, makes California one of the most favorable jurisdictions for serious personal injury plaintiffs.